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030198 KU Mediation for Lawyers (2019S)

3.00 ECTS (2.00 SWS), SPL 3 - Rechtswissenschaften
Continuous assessment of course work

Registration/Deregistration

Details

max. 30 participants
Language: English

Lecturers

Classes (iCal) - next class is marked with N

Thursday 14.03. 18:30 - 20:00 Seminarraum SEM43 Schottenbastei 10-16, Juridicum, 4.OG
Seminarraum SEM44 Schottenbastei 10-16, Juridicum 4.OG
(Kickoff Class)
Friday 15.03. 14:00 - 18:00 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
Seminarraum SEM52 Schottenbastei 10-16, Juridicum 5.OG
Saturday 16.03. 14:00 - 18:00 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
Seminarraum SEM52 Schottenbastei 10-16, Juridicum 5.OG
Monday 29.04. 14:00 - 18:00 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
Seminarraum SEM52 Schottenbastei 10-16, Juridicum 5.OG
Monday 13.05. 14:00 - 18:00 Seminarraum SEM33 Schottenbastei 10-16, Juridicum, 3.OG
Seminarraum SEM34 Schottenbastei 10-16, Juridicum, 3.OG
Monday 27.05. 14:00 - 18:00 Seminarraum SEM61 Schottenbastei 10-16, Juridicum 6.OG
Seminarraum SEM62 Schottenbastei 10-16, Juridicum 6.OG

Information

Aims, contents and method of the course

Prerequisites
Completion of civil and procedural law coursework
Comprehensive command of both spoken and written English (completion of prior foreign
language coursework particularly welcome)

Course Description
This course offers a practice-oriented introduction to the basic principles of mediation from a user's perspective. It is addressed to aspiring legal professionals wishing to develop and train their problem-solving and negotiation skills. The course is designed to help students to advance their intuition in order to structure negotiation processes and to develop their own basic negotiation toolkit.

Assessment and permitted materials

Submission Deadlines:
Mid-Term Paper: Monday, 13 May 2019 (submit via e-mail to dominik.loidl@vhm-law.at and hand in a hard copy when we meet for Session 3)

Final Paper: Friday, 14 June 2019 (submit via e-mail to dominik.loidl@vhm-law.at)

Grading Criteria:
Role Play Participation: 40%
Mid-Term Paper (min. 2 pages): 20%
Final Paper (min 10 pages): 40%

Minimum requirements and assessment criteria

At the end of the course students will be able to do the following:
• analyze a problem both in terms of questions of fact and law
• identify goals, interests, and alternatives to a negotiated agreement,
develop criteria that would make a negotiated agreement legitimate, analyze the parties' relationship with a view to defining a communication strategy, explore levels of commitment and authority
• devise a negotiation strategy
• give oral presentations of legal and other arguments in a concise and convincing manner

Examination topics

The course offered makes use of traditional learning methods as well as new training techniques (role plays developed by the Program on Negotiation at Harvard Law School). As negotiation is a skill developed through appropriate and purposeful practice, there will be little lecture in this course. The instructor will be active in observing and evaluating the process of learning and will provide feedback in the form of correctives (comments and demonstration) to help students improve.

Reading list

Course Materials

• Roger Fisher/William Ury, Getting to Yes – Negotiating an Agreement Without Giving In

• Thomas Wälde, Efficient Management of Transnational Disputes – Mutual Gain by Mediation or Joint Loss in Litigation

• Richard Hill, Non-Adversarial Mediation

• Christian Bürhing-Uhle/Lars Kirchhoff/Matthias Scherer, The Legal Framework for International ADR

The contributions by Wälde, Hill and Bürhing-Uhle et al are available for download at Kluwer Law International (please refer to the database service of the University of Vienna at http://dbs.univie.ac.at/)
Role play instructions and further reading will be made available by the instructor.

Association in the course directory

Last modified: Mo 07.09.2020 15:27